our Services

Family mediation is a fast, inexpensive and confidential process to reach a settlement that is then captured in a signed Separation Agreement that resolves all issues between the spouses following separation. In mediation, your mediator facilitates the identification, communication and resolution of all issues that the spouses do not agree upon including parenting schedules, child support, spousal support, relocation, property settlements, the matrimonial home and pensions. By promoting open dialogue and cooperation, your mediator reduces the emotional cost associated with separation and helps maintain civility, respect and empathy throughout the process, which is critical if you have children together. Your mediator will also be available to resolve future disagreements should they arise.

Many people (mistakenly) think that the first step after separation is to hire a lawyer and go to court. In such cases, that first step is seen as an act of aggression by the other spouse, that thereby invites a reciprocal aggressive response from the other spouse, and then so the cycle continues. In mediation, your mediator works with both spouses individually to reach a mutually acceptable agreement – without acrimony, without litigation and without high costs. The process encourages communication, problem-solving and a focus on the well-being of all involved, especially your children. Litigation fosters selfishness, disagreement and conflict. Mediation fosters cooperative problem-solving, by taking a more holistic approach and finding creative solutions. One of the key aspects of mediation is the use of one singular professional, your mediator, to guide the entire process from beginning to end until a fair settlement is achieved.

Because mediation is so flexible, it offers many more benefits to all sorts of families, however the conflict, complexity or personalities. Skilled mediators can craft a process that will ensure safety, progress and privacy. Zoom technology and break-out rooms have improved the accessibility to low-cost, comfortable and safe mediation processes. In fact, many cases that started in court – for whatever their reasons were – later are settled in mediation. Also, the spouses and their lawyers can select a mediator that has the requisite skill, knowledge and acumen to settle the case.

By promoting open dialogue and cooperation, mediation aims to achieve a fair settlement while helping couples maintain civility, respect and empathy throughout the process. Mediation minimizes cost, delay and conflict while working towards a post-separation life for each spouse and their children. It is much more cost-effective than court because the focus in mediation is on negotiation and settlement, rather than on formalities, court documents, hearings and advocacy. Courtroom battles cost families a huge amount in lawyer fees, and so mediation saves spouses significant expense, avoids the delays of prolonged legal proceedings and eliminates contentious litigation. Mediation allows couples to maintain control over the decisions that affect their lives, rather than leaving them in the hands of a judge. This results in more satisfying outcomes and a higher likelihood of long-term compliance with the settlement terms.

To schedule a mediation with Steve Benmor, call or email his senior law clerk Marigona at 416-489-8890 or marigona@benmor.com to learn about the mediation process and costs, and to guide you to a successful divorce settlement.

The duration of mediation varies depending on the level of cooperation of the spouses, their commitment to the process, the complexity of the legal issues, the speed of the financial disclosure exchanged and the willingness of the spouses to achieve a fair settlement. Some mediations can be resolved in just one day, while others may require a few sessions. In any case, settling a case in mediation is definitely faster, cheaper and more satisfying that family court.

Mediators are educated, skilled, certified and trained third party neutrals. They do not take sides. Your mediator firstly creates a safe space. They then foster an understanding of alternative viewpoints and facilitates collaboration between the spouses and lawyers. Your mediator will use their experience and expertise to move each spouse towards a settlement in caucus without causing any embarrassment. At all times, your mediator ensures fairness, safety and balance.

Not all mediations achieve a full settlement. While most mediations settle the entire case, some settle only parts of the case and then leave the spouses with other avenues to resolve the outstanding issues. Often time the work done in mediation will move the spouses to a subsequent settlement with the remaining issues. The outstanding issues are often better understood in meditation so that each spouse can re-consider their position, risks and possible outcomes outside of mediation.

Mediation results in a Memorandum of Understanding that captures all of the terms that the spouses settled in mediation. The Memorandum of Understanding is then used by the lawyers to draft a Separation Agreement that contains all the necessary clauses. If the spouses cannot agree on the form or content of the Separation Agreement, then they can return to the mediator to resolve the finalization of the Separation Agreement. The Separation Agreement is valid, binding and enforceable in Ontario, just like a court order.

All communications, conversations, admissions and documents in mediation are held in strict confidence. Neither spouse nor lawyer can use anything outside of mediation unless they both all agree. This strict rule of confidentiality and secrecy is what makes mediation so successful. In mediation, neither spouse needs to be worried that admissions, concessions or proposals could be used in court. It is this very reason why skilled mediators settle cases.